Morales-Loaiza v. Director of Diamondback Correctional Facility

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
LUIS ALBERTO MORALES-LOAIZA, )
)
Petitioner, )
)
v. ) Case No. CIV-26-1744-J
)
FRED FIGUEROA, et al., )
)
Respondents. )
ORDER
Petitioner Luis Alberto Morales-Loaiza, a Venezuelan citizen, entered the United States in
December 2021 and in October 2025, Immigration and Customs Enforcement detained him. He
has now filed a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 challenging that
detention. [Doc. No. 1]. The matter was referred to United States Magistrate Judge Amanda L.
Maxfield consistent with 28 U.S.C. § 636(b)(1)(B), (C). Judge Maxfield issued a Report and
Recommendation recommending that the Court: (1) grant the Petition in part and (2) order
Respondents to provide Petitioner with a bond hearing within seven days or otherwise release him.
(Rep. & Rec.) [Doc. No. 10]. Respondents filed a timely objection, [Doc. No. 11], triggering de
novo review. See Quint v. Vail Resorts, Inc., 89 F.4th 803, 808 (10th Cir. 2023).
In relevant part, Judge Maxfield concluded that Petitioner’s detention is governed by 8
U.S.C. § 1226(a); therefore, his continued detention without a bond hearing violates the
Immigration and Nationality Act (INA). See Rep. & Rec. at 3-5. Respondents object to the §
1226(a) classification but acknowledge that Santillan Quiroz v. Mullin, 180 F.4th 1226 (10th Cir.
2026) applies. [Doc. No. 11].
In Quiroz, the Tenth Circuit held “that noncitizens who entered the United States and were
thereafter detained in the interior of the country are usually subject to § 1226(a) (and thus eligible
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for bond), not § 1225(b)(2)(A).” Quiroz, 180 F.4th at 1237; see also Moreta-Mateo v. Warden,
Diamondback Corr. Facility, No. CIV-26-539-J, 2026 WL 1822994, at *2 (W.D. Okla. June 24,
2026). Accordingly, the Court finds that Petitioner is entitled to a bond hearing and Respondents’
failure to provide one violates the INA.
For the reasons above, the Report and Recommendation [Doc. No. 10] is ADOPTED and
Petitioner’s Petition is GRANTED IN PART in so far as it alleges Respondents violated the INA.
The Court ORDERS Respondents to provide Petitioner with a bond hearing pursuant to 8 U.S.C.
§ 1226(a) within seven days of the date of this Order, or release Petitioner if no hearing occurs
within that period. Respondents shall certify compliance within ten days of the date of this Order.
Petitioner’s motion to expedite [Doc. No. 9] is DENIED as MOOT.
A separate judgment will enter.
IT IS SO ORDERED this 15th day of October, 2026.
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